Cracking the case
by AAB
Summary: Harm has a rape-case to prosecute. But it doesn't look good. Wil he be able to get the accussed behind bars?


_Disclaimer: not mine, Bellisario's_

 **Cracking the case**

 _Friday, November 3rd  
16.30 local time  
Courtroom_  
"Seaman Calder, your last tour at sea was when?" the defence counsel Captain Jode asked.  
"We left on June 27th and came back September 30th. We were cleared for leave October 2nd."  
"Right. Where were you on Saturday evening the 5th of October?"  
"I was in an arcade at Farley Street," the young man said.  
"Were you there alone?"  
"No, with two friends. Seaman Morell and Seaman Turpin. Him." He nodded to the suspect.  
"What time were you there?"  
"We met at McDonald's, around seven," the young man explained. "We had a burger and fries. Then we went to the arcade and played some games. Racing and pinball. And some shooting. After that we had a beer in a bar nearby."  
"What time was that."  
"I guess between 9.45 and 10pm."  
The counsel threw a smug look on Harm. "The defence rest, Your Honour."  
Harm stood up to ask the witness a few questions but he himself heard the lack of conviction in his own voice. Indeed, Calder's story matched the ones of Morell and Turpin almost to a t. A quick glance to the jury taught him they believed the witness. Even though he hated to admit, it seemed like Turpin would get away with rape.  
Judge Sebring consulted his watch. "I call it a day. Monday nine o'clock. If you are going to pull a rabbit out of the hat, prosecutor, I suggest you do that soon." He banged his gavel on the table and rose. "All rise," the bailiff yelled and the day from hell was over, for now.

 _Same Friday  
22.55 local time  
Harm's loft  
_Even though it was supposed to be their usual movie night, Harm had spent almost all evening either reading and rereading the papers and transcripts or sitting behind his didn't complain. She was just as eager as him to put a rapist behind bars. She had made sure he had a decent meal although she was pretty sure he hadn't taste one bite of it, but then she was as supportive as possible, providing him with tea and coffee and reading the papers herself. Now it was almost eleven o'clock and she could see he was exhausted. Quietly she walked over to him and rested her hands on his shoulders.  
"You should call it a day," she gently told him.  
"No, I can't! I know I'm missing something. That guy is guilty, or my name isn't Harmon Rabb."  
"I know. But you're worn-out. Look, you're making typos from tiredness," she pointed at the screen. Slowly she started to knead his shoulders, trying to loosen the stiff muscles.  
Harm realized she was right. Wearily he leaned back, resting his head against her chest. Suddenly he realized _what_ he was resting his head on, on the ample soft breasts of his best friend. Not that he never dreamed of doing so … He blushed deeply and quickly sat straight. Mac suppressed a smile. His thoughts were as clear if he had a speech balloon hanging above his head.  
"Up you go," she pushed him. "Go to bed. Tomorrow is another day and you will do a much better job when you are well-rested."  
She gave him a gentle nudge. Harm realized she was right; he was exhausted and not capable of getting any work done anymore that evening. Dragging his feet he headed for the bedroom. He washed his face and hands, brushed his teeth and crawled into bed. His last conscious thought was that he had forgotten to give Mac a blanket and a pillow. Well, she knew where to find them. It's wasn't like it was the first time she stayed the night.  
In the living Mac realized the same, but it didn't bother her. She smiled, in fact almost smirked since it never had been her intention to sleep on the cough.  
Then she brought her attention back to the file. Since it wasn't her case she read most of the testimonies and reports for the first time. The case was about the rape of a young girl, Tammy Renders, two months earlier in the south of Washington. She had been able to provide a good description of the man assaulting her and had managed to pick him out of a line-up. A hat found nearby might or might not belong to the suspect, Donald Turpin. A video camera only a few hundred feet from the crime scene showed a man showing a lot of resemblance to him. Two witnesses had declared seeing him in the proximity, too, around the same time of the attack.  
On the other hand, Donald Turpin had declared he spent the evening with two friends, Carl Calder and John Morell. They had gone for burgers, a couple of games at an arcade and a few beers. She read Turpin's original testimony, in which he told visiting the arcade in Finley Street. Harm had visited that one and found out there had been no working cameras and no one remembered seeing the three men there. As the place was crowded on Saturday evening, had only a few employees and entertained many passer-bys that was not surprising.  
Mac's eyes narrowed. She had been able to attend the court that afternoon and clearly remembered the men separately telling they visited the arcade on Farley Street. She didn't see it breaking the case yet but it was an inconsistency worth to check out. She quickly went through the remaining papers but didn't find anything else.  
Stretching her arms over her head she decided to go to bed as well. She made quick work of washing and brushing teeth and then slipped next to Harm in the bed. He was sleeping peacefully and snoring softly. She wished she could snuggle in but decided not to push her luck.

 _Saturday, December 1st  
7.45 local time  
Harms loft  
_Harm had woken up surprised by finding Mac curdled up against his back, her arm around his waist. After a few minutes dreaming of how it would be if this would be the daily routine, he decided to slip out of bed and make her breakfast. He knew his best friend's appetite.  
Ten minutes later he softly touched her cheek. "Mac, wake up. It's 8.00am. Breakfast is almost ready and I made you coffee."  
Slowly Mac emerged from the depths of sleep and gave him a sleepy smile. "I'll be right there," she said deeply inhaling the fragrance of the freshly made coffee.  
"You slept well? What time did you go to bed?"  
"I was to bed before midnight," Mac defended herself. 'Not a lie although I heard the clock chime twelve the moment I laid my head on the pillow' she thought by herself.  
Since he was wearing jogging pants and an old T-shirt she decided to nick his robe. Like an old married couple they enjoyed their food but then Mac jumped to her feed. "We better get going. We are going on a field trip," she announced.  
Harm frowned. "Mac, how much I would enjoy going out, I have a case …"  
Mac laughed. "That's why we're going on a field trip. I found an inconsistency in the testimonies yesterday. It made me think of something a friend's sons told me. Don't get your hope up too high yet but I think it's worth investigating."  
Harm nodded. He hadn't a clue what she found that he had missed, but he hoped with all his heart she was right. He knew she never would let him down.  
"If you find the flaw, I own you one," he promised. "A dinner of your choice," he added, silently hopefully. Every excuse to spend time with her was good.

Half an hour later they were on their way, Harm driving and Mac reading the map. She led him to a side street in the north of Washington.  
"Farley Street," she pointed at the nameplate. "Now we drive up and down the street and find that arcade."  
"It might not be open yet," Harm argued.  
"Doesn't matter; first we have to find it."  
While Harm drove on slowly, each scrutinized one side of the street. They were almost at the end when Mac yelled "There."  
She pointed at a sign t a building, telling 'Trevino's Games'. Harm looked around for a parking space and then they walked over tot the building. It was clear, however, that it was closed. Not only closed for the day but closed down for good. The door had a padlock on it and the windows were nailed close with boards. As it seemed however, the apartment above it was still occupied.  
Mac looked around for inspiration. She found it in the small grocery shop a twenty or so metres away.  
"Let's ask there," she suggested.  
Inside they walked the aisles and Mac picked up two bottles of flavoured water and a bag of corn chips. At the counter she paid and than asked "We are looking for the owner of the arcade that used to be there. Can you tell us anything?"  
The shop owner nodded. "That one belonged to Mr Trevino. But he had to close three months ago. He suffered a heart attack and had to sell. It's a shame. The kids loved it and it kept them from the street."  
Mac smiled. "We have a few questions for Mr Trevino. Can you tell us where to find him?"  
The man behind the counter frowned and looked at their uniforms. "He is not in trouble, is he? We look out for our own."  
"No," Harm stepped in. "He is not in trouble. We are JAG lawyers, prosecuting an alleged rapist. We just need some background information to clarify an inconsistency in his story."  
"Right. You might wait here. Mr Trevino comes here every day between 9.30 and 10pm to pick up his newspaper."  
Harm nodded gratefully. "We will wait." He stepped back to allow other customers to pay. Waiting for the old man he asked Mac "How did you know?"  
"I noticed Turpin first said they had been at an arcade in Finley Street. Later he said Farley Street and so did his friends. But I have a friend living nearby. Her boys used to come to this arcade a lot and I remembered they were very upset when it closed down a few months ago."  
The shop owner beckoned them and pointed to an elderly man with a small fringe of a beard. "That's Mr Trevino."  
Harm smiled and waited for him to pick up his paper and leave the shop again. He saw the shop owner talk tot the man and point at him and Mac. When Mr Trevino left the shop, Harm approached him.  
"Mr Trevino?"  
"That's me. You wanted to speak to me? Levi said as much."  
"Yes. My name is Commander Harmon Rabb and this is Colonel MacKenzie. We like to have a word with you, if that's possible."  
"Right. We can sit over there." He pointed at a little café. "An old man likes his routine and I'm looking forwards to my morning coffee."  
Harm and Mac followed him into the café. "Morning, Julio," Mr Trevino greeted the young man behind the tap. "The usual, please." He looked at Harm and Mac. "And for you?"  
"Coffee, please."  
"What kind of?" He gestured to the board announcing almost fifteen different kinds of coffee.  
"A latté for me, please," Harm said.  
"And a double espresso for me," Mac added.  
The coffee was served with a plate of biscotti and proved to be very good.  
"What can I do for you?" the old man wanted to know. "You know, I served in the navy myself. I was a Petty Officer 2nd Class. Except the months I had to be in 'Nam it was the best time of my live. Still have two or three very good friends from back then."  
"My father served in Vietnam as an aviator" Harm told him. "He didn't make it, though. He went MIA and a few years ago his death was confirmed."  
"And you followed his footsteps," Mr Trevino said, nodding at Harm's wings.  
"Yes, I did. Now I work for JAG, the Judge Advocate General. And that's why we're here. We are investigating the rape of a young girl eight weeks ago. The man we have in custody named your arcade as the place he was together with some friends."  
"Eight weeks ago? That can't be true. He is lying. I've had that arcade for over forty years until I suffered a heart attack five and a half months ago. My employees kept the business going for a month but by then it was clear I would not be coming back. Three months ago we had to close down. I sold the building to a developer. I still live above the arcade but I will move into a senior apartment in two weeks. Then they will start the renovation."  
He turned to the young man. "Julio used to work for me. He will tell you the same. No way could that guy have been in my arcade eight weeks ago!" He seemed genuinely appalled by the thought a rapist had named his place as an alibi. "I have the contract of sale and a book full of pictures and a video from the closure party. We went out with a bang!" he ended a bit smugly.  
Harm couldn't hide a big grin. Mac's hunch had paid off, big time.  
"Sir, I'd like you to testify, next Monday morning. Are you willing to do that?"  
"Of course. Will be glad to! Always prepared to help a fellow sailor,' the old-timer told him combatively. "And Julio is coming too. And my neighbour, Mrs. DiMaggio. She is my girlfriend. My wife died eight years ago. Angelina has lived her whole life in the apartment across the street. She is going to move in with me in my new apartment. Do you need more people?"  
Harm laughed. "I think the three of you will do."  
"Well, let's have another coffee and you can tell me where and what time you expect us."  
Harm nodded. He was happy to cater to the old man, who was clearly enjoying his new role.  
Mac rummaged through her briefcase and produces a few pictures. "Can you tell me whether you recognize one of these men, Sir?"  
Mr Trevino held them in front of his eyes. "Haven't got my reading glasses on,' he explained. "This one looks familiar. Charles … no Carl. Carl … What's his name again? Carl … Carl Calder, isn't it? He grew up around here. That kid was never any good. Is he the …?"  
"No. But he is one of the friends giving the suspect a false alibi. Your lady friend, would she recognize him too?"  
"You bet on it! Angelina never forgets a face."

 _Monday, December 3rd_ _  
_ _9.10 local time  
Courtroom  
_A lot more confident than the previous Friday Harm entered the courtroom. That Sunday he had visited Mr Trevino again. Sitting at the kitchen table in Angelina DiMaggio's home he had prepared his three witnesses. They had gone over the questions he was going to ask and they had gotten to know each other better. Now they were waiting in a side room till the bailiff would call them in.  
The judge entered and all rose. He opened the court and looked at Harm.  
"Prosecutor?"  
"I like to call the suspect to the stand again, as well as Mr Calder and Mr Morell, Your Honour."  
"I hope there will be real questions involved. I will not allow fishing, Commander."  
"There will be, Sir. I hope you will give me some space; I promise my line of question will lead to something."  
"All right then," Sebring nodded. "Mr Turpin will take the stand again. Mr Calder and Mr Morell will leave the room for a moment. I remind you, all three, that you're still under oath."  
Calder and Morell removed themselves. Harm saw them being led away by a MP. He had made sure they, in particular Calder, would not meet his new witnesses.  
In the mean time Turnip mounted the stand and awaited Harm's first question. He did not waste time.  
"In your initial statement you said you visited the arcade in Finley Street. Yesterday you said you visited the arcade in Farley Street. Can you explain that?"  
"It was a mistake. I was confused and felt pressured."  
"So what is it? Finley Street of Farley Street?"  
"It's Farley Street."  
"You're sure?"  
"Yes, I am. Carl grew up in that area," he volunteered some extra information.  
The defence counsel rose to his feet. "Your Honour."  
The judge frowned at Harm. "I hope this will lead to something."  
"Yes, Your Honour." Harm quickly responded. "No further questions, for now."  
Next it was first John Morell's and then Carl Calder's turn to be questioned again. Both stuck to their story and Carl also told them he was familiar with the arcade for he lived nearby when he was a kid.  
Both men sat down a few rows behind the defence table.  
"I want to call Mr Silvano Trevino to the stand."  
Now Captain Jode really protested.  
"Sir, we were not informed about this witness."  
The judge looked at Harm.  
"Your Honour, the importance of this witness only became apparent over the weekend."  
"Approach!" And when both men did so, he went on "Elaborate."  
"Sir, as I made clear, in his initial statement Mr Turnip said he and his friends were in the arcade in Finley Street. It was only on Friday he and his friends named Farley Street. Mr Trevino is the owner of that arcade."  
The judge nodded. "I allow it. Proceed."  
The bailiff ushered Mr Trevino to the stand. The old man proudly wore his medals and almost marched to his chair, before coming to attention to take oath.  
"State your name and rank for the record, please?"  
"Silvano Trevino, Petty Officer 2nd Class."  
"When did you serve?"  
"I served from September 1953 till March 1956. I was in Vietnam from December 1955 but I was injured January 23. Suffered a head wound. They sent me back and gave me honourable discharge. It took me a long time to recover."  
"What did you do after that?"  
"I started to work for my uncle in his arcade. A couple of years later I took over. I've had it for over forty years."  
"You say you _had_ it? You don't have it anymore?"  
"No, I had a heart attack five and a half month ago. June 17th. After a month it became clear I would not be able to continue. I didn't have a successor. So I closed and sold the building. We had a big party on the first of September and then … finito."  
"So there is no way the defendant and his friends could have been there the 5th of October?"  
"No, it had been closed for five weeks by then."  
"Are there or have there been any other arcades in Farley Street?"  
"No."  
"Do you recognize anyone in this room?"  
"Only him." Mr Trevino pointed. "That is Carl Calder. As a kid he used to live in our neighbourhood."  
Harm looked at the defence table. "Your witness."  
Captain Jode stood up and approached Mr Trevino.  
"You suffered a heart attack on the seventeenth of June."  
"Yes."  
"And you decided to sell in August?"  
"Yes."  
"The closing party was on September the first?"  
"Yes, I told you so." Now the old man became irritated. He clearly heard the undertone of arrogance in the counsel's voice. He slammed his hand on the briefcase he had been carrying. "I have my hospital papers here, the contract of sale, a book full of pictures and a video from the closure party. Want to see them?"  
"That won't be necessary, thank you," the other man answered with a prim mouth.  
"I'd like to see them," the judge interrupted. "And you might want to show them to the jury as well."  
Defeated the counsel walked back to his table where his client had paled considerably. His friends looked around and looked as if they were to walk out but Harm had warned the MP and two officers were guarding the door.  
"Your next witness, Commander," the judge said.  
"I call Julio Trevino to the stand."  
There was no protest and Julio made his entrance, was sworn in and took his place.  
"You're Julio Silvano Trevino. Are you a relative of Mr Trevino?"  
"Yes, I'm his grandnephew. My granddad Lucas was his brother."  
"What do you do for a living?"  
"I work in a café but before I worked in my uncle's arcade."  
"Why did you stop working there?"  
"Uncle Silvano got a heart attack. He did recover but he had to sell the arcade."  
"When was that?"  
"He had his heart attack in June and we closed down September first."  
"When I tell you the defendant and his friends visited the arcade on October the 5th, what would you say?"  
"That they are lying. It was already closed."  
"Do you recognize anyone in this room?"  
The young man nodded. "That is Carl. We used to play together when we were kids. I hadn't seen him in years. Till he came back, a few months ago. With two mates. Him and him."  
He pointed at Turnip and Morell.  
"Remember it well; it was the first week after my uncle was admitted to the hospital. They made a nuisance out of themselves, kicking stools, throwing bottles. And when I addressed them, it was their word against mine. They knew we didn't have cameras. Luckily it was the last time they showed their ugly faces."  
Judge Sebring looked at the Captain Jode but he only shook his head indicating he had no questions.  
Next to take the stand was Mrs. Angelina DiMaggio. Het testimony matched those of her fiancé and his nephew. She also had seen the row late June and wasted no words in telling so. "Those scumbags. Only in for making trouble. Like it wasn't bad enough my dear Silvano was in hospital, fighting for his life!"  
By now the defendant sat with his head in his hands, looking every inch guilty. His counsel frantically whispered to him. In the meantime his friends' eyes darted through the room, looking for an escape. Harm kept a straight face.  
"The prosecutor rests, Your Honour."  
The judge nodded. "Mister Jobe?"  
The counsel rose. "We'd like to change our plea, Your Honour. My client pleads guilty to assaulting and raping Tammy Renders."  
This was met by applause and cheers. Judge Sebring hammered his gavel. "Order in the courtroom!" Slowly silence came back.  
"Since the defendant pleaded guilty there is no need for a jury anymore. Ladies and gentlemen, thank you for your time. You are excused. As for the verdict, that will be on Thursday, ten o'clock. In the meantime, officers, arrest seaman Morell and seaman Calder on suspicion of perjury. Court is adjourned." He banged his gavel for the last time.  
All rose and saw the judge leave the room. Tammy gave Harm a fierce hug. "Thank you," she whispered in his ear.  
"You're welcome," he smiled. "Take care." She nodded and with her father and mother she left the room.  
Harm heaved a sigh. He turned to see Turpin, Morell and Calder being carried off by the MP. The three seamen looked utterly defeated. He felt Mac touch his hand. "You did it," she said.  
" _We_ did it," Harm corrected her. "I couldn't have done it without you. If you hadn't discovered that inconsistency. Or remembered what your friend's sons said …"  
"You would have found the difference between initial statement and the testimonies in court too, as soon as you had had some decent sleep. And you would have gone to see for your self."  
Harm shrugged. "But whether that would have been in time …? I still owe you one."  
Mac looped her arm through his for a moment while they walked out of the courtroom. "Yes, dinner,' she beamed. "Mr Trevino recommended an Italian restaurant near his home. Friday?"  
"Friday," Harm confirmed, squeezing her arm. "Be sure to give me the address so I can make reservations."  
"No need," Mac laughed. "Mr Trevino already did that for us."

The end


End file.
